Senate Bill 1512

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    Florida Senate - 2000                                  SB 1512

    By Senator Klein





    28-1302-00                                              See HB

  1                      A bill to be entitled

  2         An act relating to elections; providing a short

  3         title; amending s. 106.011, F.S.; revising

  4         definitions of the terms "political committee,"

  5         "contribution," "expenditure," and "political

  6         advertisement"; amending s. 106.021, F.S.;

  7         eliminating a provision that authorizes the

  8         unrestricted expenditure of funds for the

  9         purpose of jointly endorsing three or more

10         candidates; amending s. 106.03, F.S.; providing

11         additional requirements for registration of

12         political committees and certification of

13         committees of continuous existence, which

14         relate to the committee name; providing

15         penalties and applicability; amending s.

16         106.04, F.S.; requiring committees of

17         continuous existence to update certain

18         registration information; prohibiting

19         committees of continuous existence from making

20         expenditures in support of or opposition to an

21         elected public official without registering as

22         a political committee; amending s. 106.07,

23         F.S.; conforming a cross-reference; amending s.

24         106.08, F.S.; providing limits on contributions

25         to a political party; revising a provision

26         relating to restrictions on contributions to a

27         candidate by a political party; providing

28         penalties; reenacting s. 106.19(1), F.S.,

29         relating to penalties applicable to acceptance

30         of contributions in excess of the limits

31         provided by law, to incorporate the amendment

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    Florida Senate - 2000                                  SB 1512
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  1         to s. 106.08, F.S., in a reference thereto;

  2         amending s. 106.087, F.S.; eliminating a

  3         provision that prohibits certain political

  4         committees and committees of continuous

  5         existence from making independent expenditures

  6         in support of or opposition to a candidate or

  7         elected public official; amending s. 106.29,

  8         F.S.; requiring subordinate and executive

  9         committees of a political party to adhere to

10         contribution limits for political parties;

11         providing penalties; providing for

12         severability; providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  This act may be cited as the "Campaign

17  Finance Reform Act."

18         Section 2.  Subsections (1), (3), (4), and (17) of

19  section 106.011, Florida Statutes, are amended to read:

20         106.011  Definitions.--As used in this chapter, the

21  following terms have the following meanings unless the context

22  clearly indicates otherwise:

23         (1)  "Political committee" means a combination of two

24  or more individuals, or a person other than an individual, the

25  primary or incidental purpose of which is to support or oppose

26  any candidate, issue, or political party, which accepts

27  contributions or makes expenditures during a calendar year in

28  an aggregate amount in excess of $500.; "Political committee"

29  also means the sponsor of a proposed constitutional amendment

30  by initiative who intends to seek the signatures of registered

31  electors. "Political committee" also means a combination of

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    Florida Senate - 2000                                  SB 1512
    28-1302-00                                              See HB




  1  two or more individuals or a person other than an individual

  2  which anticipates spending funds, or makes expenditures, for

  3  political advertising in support of or opposition to an

  4  elected public official during a calendar year in an aggregate

  5  amount in excess of $500. Organizations which are certified by

  6  the Department of State as committees of continuous existence

  7  pursuant to s. 106.04, national political parties, and the

  8  state and county executive committees of political parties

  9  regulated by chapter 103 shall not be considered political

10  committees for the purposes of this chapter. Corporations

11  regulated by chapter 607 or chapter 617 or other business

12  entities formed for purposes other than to support or oppose

13  issues or candidates are not political committees if their

14  political activities are limited to contributions to

15  candidates, political parties, or political committees or

16  expenditures in support of or opposition to an issue from

17  corporate or business funds and if no contributions are

18  received by such corporations or business entities.

19         (3)  "Contribution" means:

20         (a)  A gift, subscription, conveyance, deposit, loan,

21  payment, or distribution of money or anything of value,

22  including contributions in kind having an attributable

23  monetary value in any form, made for the purpose of

24  influencing the results of an election.

25         (b)  A transfer of funds between political committees,

26  between committees of continuous existence, or between a

27  political committee and a committee of continuous existence.

28         (c)  The payment, by any person other than a candidate

29  or political committee, of compensation for the personal

30  services of another person which are rendered to a candidate

31

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    Florida Senate - 2000                                  SB 1512
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  1  or political committee without charge to the candidate or

  2  committee for such services.

  3         (d)  The transfer of funds by a campaign treasurer or

  4  deputy campaign treasurer between a primary depository and a

  5  separate interest-bearing account or certificate of deposit,

  6  and the term includes any interest earned on such account or

  7  certificate.

  8         (e)  Any funds received by a political committee which

  9  are used or intended to be used, directly or indirectly, to

10  pay for a political advertisement supporting or opposing an

11  elected public official.

12

13  Notwithstanding the foregoing meanings of "contribution," the

14  word shall not be construed to include services, including,

15  but not limited to, legal and accounting services, provided

16  without compensation by individuals volunteering a portion or

17  all of their time on behalf of a candidate or political

18  committee.  This definition shall not be construed to include

19  editorial endorsements.

20         (4)  "Expenditure" means a purchase, payment,

21  distribution, loan, advance, transfer of funds by a campaign

22  treasurer or deputy campaign treasurer between a primary

23  depository and a separate interest-bearing account or

24  certificate of deposit, or gift of money or anything of value

25  made for the purpose of influencing the results of an election

26  or for purchasing a political advertisement supporting or

27  opposing an elected public official.  However, "expenditure"

28  does not include a purchase, payment, distribution, loan,

29  advance, or gift of money or anything of value made for the

30  purpose of influencing the results of an election when made by

31  an organization, in existence prior to the time during which a

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    Florida Senate - 2000                                  SB 1512
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  1  candidate qualifies or an issue is placed on the ballot for

  2  that election, for the purpose of printing or distributing

  3  such organization's newsletter, containing a statement by such

  4  organization in support of or opposition to a candidate or

  5  issue, which newsletter is distributed only to members of such

  6  organization.

  7         (17)(a)  "Political advertisement" means a paid

  8  expression in any communications media prescribed in

  9  subsection (13), whether radio, television, newspaper,

10  magazine, periodical, campaign literature, direct mail, or

11  display or by means other than the spoken word in direct

12  conversation, which shall support or oppose any candidate,

13  elected public official, or issue. In addition, an

14  advertisement is presumed to be a political advertisement if

15  it is a paid expression in any communications media described

16  in subsection (13), whether radio, television, newspaper,

17  magazine, periodical, campaign literature, direct mail, or

18  display or by means other than the spoken word in direct

19  conversation, which substantially mentions or shows a clearly

20  identifiable candidate for election or reelection and is

21  distributed at any point during the period following the last

22  day of qualifying for that candidacy through the ensuing

23  general election and which, when examined by a reasonable

24  person, would be understood as a communication made for the

25  purpose of influencing the results of an election on that

26  candidacy during that period and for which aggregate

27  expenditures on like advertisements exceed $1,000.

28         (b)  However, "Political advertisement" does not

29  include:

30         1.(a)  A statement by an organization, in existence

31  prior to the time during which a candidate qualifies or an

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    Florida Senate - 2000                                  SB 1512
    28-1302-00                                              See HB




  1  issue is placed on the ballot for that election, in support of

  2  or opposition to a candidate or issue, in that organization's

  3  newsletter, which newsletter is distributed only to the

  4  members of that organization.

  5         2.(b)  Editorial endorsements by any newspaper, radio

  6  or television station, or other recognized news medium.

  7         3.  A paid expression in any communications media which

  8  mentions or shows a clearly identifiable candidate for

  9  election or reelection which:

10         a.  Advertises a business rather than the candidate, is

11  paid for out of funds of that business, and is similar to

12  other advertisements for that business which have mentioned or

13  shown the candidate and have been distributed regularly over a

14  period of at least 1 year before the qualifying period for

15  that candidacy; or

16         b.  Is distributed or broadcast only to areas other

17  than the geographical area of the electorate for that

18  candidacy.

19         Section 3.  Subsection (3) of section 106.021, Florida

20  Statutes, is amended to read:

21         106.021  Campaign treasurers; deputies; primary and

22  secondary depositories.--

23         (3)  Except for independent expenditures, no

24  contribution or expenditure, including contributions or

25  expenditures of a candidate or of the candidate's family,

26  shall be directly or indirectly made or received in

27  furtherance of the candidacy of any person for nomination or

28  election to political office in the state or on behalf of any

29  political committee except through the duly appointed campaign

30  treasurer of the candidate or political committee.  However,

31  expenditures may be made directly by any political committee

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    Florida Senate - 2000                                  SB 1512
    28-1302-00                                              See HB




  1  or political party regulated by chapter 103 for obtaining

  2  time, space, or services in or by any communications medium

  3  for the purpose of jointly endorsing three or more candidates,

  4  and any such expenditure shall not be considered a

  5  contribution or expenditure to or on behalf of any such

  6  candidates for the purposes of this chapter.

  7         Section 4.  Section 106.03, Florida Statutes, is

  8  amended to read:

  9         106.03  Registration of political committees.--

10         (1)  Each political committee which anticipates

11  receiving contributions or making expenditures during a

12  calendar year in an aggregate amount exceeding $500 or which

13  is seeking the signatures of registered electors in support of

14  an initiative shall file a statement of organization as

15  provided in subsection (4) (3) within 10 days after its

16  organization or, if later, within 10 days after the date on

17  which it has information which causes the committee to

18  anticipate that it will receive contributions or make

19  expenditures in excess of $500.  If a political committee is

20  organized within 10 days of any election, it shall immediately

21  file the statement of organization required by this section.

22         (2)  The statement of organization shall include:

23         (a)  The name and address of the committee;

24         (b)  The names, addresses, and relationships of

25  affiliated or connected organizations;

26         (c)  The area, scope, or jurisdiction of the committee;

27         (d)  The name, address, and position, and principal

28  employer of the custodian of books and accounts;

29         (e)  The name, address, and position, and principal

30  employer of each other principal officer officers, including

31  officers and members of the finance committee, if any;

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    Florida Senate - 2000                                  SB 1512
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  1         (f)  The name, address, office sought, and party

  2  affiliation of:

  3         1.  Each candidate whom the committee is supporting;

  4         2.  Any other individual, if any, whom the committee is

  5  supporting for nomination for election, or election, to any

  6  public office whatever;

  7         (g)  Any issue or issues such organization is

  8  supporting or opposing;

  9         (h)  If the committee is supporting the entire ticket

10  of any party, a statement to that effect and the name of the

11  party;

12         (i)  A statement of whether the committee is a

13  continuing one;

14         (j)  Plans for the disposition of residual funds which

15  will be made in the event of dissolution;

16         (k)  A listing of all banks, safe-deposit boxes, or

17  other depositories used for committee funds; and

18         (l)  A statement of the reports required to be filed by

19  the committee with federal officials, if any, and the names,

20  addresses, and positions of such officials.

21         (3)(a)  The name of the committee provided in the

22  statement of organization must include the name of the

23  corporation, labor union, professional association, political

24  committee, committee of continuous existence, or other

25  business entity whose officials, employees, agents, or

26  members, directly or indirectly, established or organized the

27  committee, if any.

28         (b)  If the name of the committee provided in the

29  statement of organization does not include the name of a

30  corporation, labor union, professional association, political

31  committee, committee of continuous existence, or other

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    Florida Senate - 2000                                  SB 1512
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  1  business entity, the name must include the economic or special

  2  interest, if identifiable, principally represented by the

  3  committee's organizers or intended to be advanced by the

  4  committee's receipts.

  5         (c)  Any person who knowingly and willfully violates

  6  this subsection shall be fined not less than $1,000 and not

  7  more than $10,000 for each violation. Any officer, partner,

  8  agent, attorney, or other representative of a corporation,

  9  labor union, professional association, political committee,

10  committee of continuous existence, or other business entity

11  who aids, abets, advises, or participates in a violation of

12  any provision of this subsection shall be fined not less than

13  $1,000 and not more than $10,000 for each violation.

14         (4)(3)(a)  A political committee which is organized to

15  support or oppose statewide, legislative, or multicounty

16  candidates or issues to be voted upon on a statewide or

17  multicounty basis shall file a statement of organization with

18  the Division of Elections.

19         (b)  Except as provided in paragraph (c), a political

20  committee which is organized to support or oppose candidates

21  or issues to be voted on in a countywide election or

22  candidates or issues in any election held on less than a

23  countywide basis shall file a statement of organization with

24  the supervisor of elections of the county in which such

25  election is being held.

26         (c)  A political committee which is organized to

27  support or oppose only candidates for municipal office or

28  issues to be voted on in a municipal election shall file a

29  statement of organization with the officer before whom

30  municipal candidates qualify.

31

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    Florida Senate - 2000                                  SB 1512
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  1         (d)  Any political committee which would be required

  2  under this subsection to file a statement of organization in

  3  two or more locations by reason of the committee's intention

  4  to support or oppose candidates or issues at state or

  5  multicounty and local levels of government need file only with

  6  the Division of Elections.

  7         (5)(4)  Any change in information previously submitted

  8  in a statement of organization shall be reported to the agency

  9  or officer with whom such committee is required to register

10  pursuant to subsection (4) (3), within 10 days following the

11  change.

12         (6)(5)  Any committee which, after having filed one or

13  more statements of organization, disbands or determines it

14  will no longer receive contributions or make expenditures

15  during the calendar year in an aggregate amount exceeding $500

16  shall so notify the agency or officer with whom such committee

17  is required to file the statement of organization.

18         (7)(6)  If the filing officer finds that a political

19  committee has filed its statement of organization consistent

20  with the requirements of subsections subsection (2) and (3),

21  it shall notify the committee in writing that it has been

22  registered as a political committee. If the filing officer

23  finds that a political committee's statement of organization

24  does not meet the requirements of subsections subsection (2)

25  and (3), it shall notify the committee of such finding and

26  shall state in writing the reasons for rejection of the

27  statement of organization.

28         (8)(7)  The Division of Elections shall adopt

29  promulgate rules to prescribe the manner in which inactive

30  committees may be dissolved and have their registration

31  canceled. Such rules shall, at a minimum, provide for:

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    Florida Senate - 2000                                  SB 1512
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  1         (a)  Notice which shall contain the facts and conduct

  2  which warrant the intended action, including but not limited

  3  to failure to file reports and limited activity.

  4         (b)  Adequate opportunity to respond.

  5         (c)  Appeal of the decision to the Florida Elections

  6  Commission.  Such appeals shall be exempt from the

  7  confidentiality provisions of s. 106.25.

  8         Section 5.  Subsections (2) and (5) of section 106.04,

  9  Florida Statutes, are amended to read:

10         106.04  Committees of continuous existence.--

11         (2)  Any group, organization, association, or other

12  entity may seek certification from the Department of State as

13  a committee of continuous existence by filing an application

14  with the Division of Elections on a form provided by the

15  division. Such application shall provide the information

16  required of political committees by s. 106.03(2) and (3), and

17  any change in such information shall be reported pursuant to

18  s. 106.03(5).  Each application shall be accompanied by the

19  name and street address of the principal officer of the

20  applying entity as of the date of the application; a copy of

21  the charter or bylaws of the organization; a copy of the dues

22  or assessment schedule of the organization, or formula by

23  which dues or assessments are levied; and a complete financial

24  statement or annual audit summarizing all income received, and

25  all expenses incurred, by the organization during the 12

26  months preceding the date of application.  A membership list

27  shall be made available for inspection if deemed necessary by

28  the division.

29         (5)  No committee of continuous existence shall

30  contribute to any candidate or political committee an amount

31  in excess of the limits contained in s. 106.08(1) or

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    Florida Senate - 2000                                  SB 1512
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  1  participate in any other activity which is prohibited by this

  2  chapter.  If any violation occurs, it shall be punishable as

  3  provided in this chapter for the given offense.  No funds of a

  4  committee of continuous existence shall be expended on behalf

  5  of a candidate, except by means of a contribution made through

  6  the duly appointed campaign treasurer of a candidate.  No such

  7  committee shall make expenditures in support of, or in

  8  opposition to, an issue or an elected public official unless

  9  such committee first registers as a political committee

10  pursuant to this chapter and undertakes all the practices and

11  procedures required thereof; provided such committee may make

12  contributions in a total amount not to exceed 25 percent of

13  its aggregate income, as reflected in the annual report filed

14  for the previous year, to one or more political committees

15  registered pursuant to s. 106.03 and formed to support or

16  oppose issues.

17         Section 6.  Any political committee or committee of

18  continuous existence organized before January 1, 2001, shall

19  have until April 1, 2001, to amend its name, if necessary, to

20  comply with the requirements of subsection (3) of section

21  106.03, Florida Statutes, as created by this act, or

22  subsection (2) of section 106.04, Florida Statutes, as amended

23  by this act, as applicable.

24         Section 7.  Subsection (3) of section 106.07, Florida

25  Statutes, is amended to read:

26         106.07  Reports; certification and filing.--

27         (3)  Reports required of a political committee shall be

28  filed with the agency or officer before whom such committee

29  registers pursuant to s. 106.03(4)(3) and shall be subject to

30  the same filing conditions as established for candidates'

31  reports.  Only committees that file with the Department of

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    Florida Senate - 2000                                  SB 1512
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  1  State shall file the original and one copy of their reports.

  2  Incomplete reports by political committees shall be treated in

  3  the manner provided for incomplete reports by candidates in

  4  subsection (2).

  5         Section 8.  Section 106.08, Florida Statutes, is

  6  amended to read:

  7         106.08  Contributions; limitations on.--

  8         (1)(a)  Except for political parties, no person,

  9  political committee, or committee of continuous existence may,

10  in any election, make contributions in excess of $500 to any

11  candidate for election to or retention in office or to any

12  political committee supporting or opposing one or more

13  candidates. Candidates for the offices of Governor and

14  Lieutenant Governor on the same ticket are considered a single

15  candidate for the purpose of this section.

16         (b)1.  The contribution limits provided in this

17  subsection do not apply to contributions made by a state or

18  county executive committee of a political party regulated by

19  chapter 103 or to amounts contributed by a candidate to his or

20  her own campaign.

21         2.  Notwithstanding the limits provided in this

22  subsection, an unemancipated child under the age of 18 years

23  of age may not make a contribution in excess of $100 to any

24  candidate or to any political committee supporting one or more

25  candidates.

26         (c)  The contribution limits of this subsection apply

27  to each election. For purposes of this subsection, the first

28  primary, second primary, and general election are separate

29  elections so long as the candidate is not an unopposed

30  candidate as defined in s. 106.011(15).  However, for the

31  purpose of contribution limits with respect to candidates for

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  1  retention as a justice or judge, there is only one election,

  2  which is the general election. With respect to candidates in a

  3  circuit holding an election for circuit judge or in a county

  4  holding an election for county court judge, there are only two

  5  elections, which are the first primary election and general

  6  election.

  7         (2)  A person, political committee, or committee of

  8  continuous existence may not make contributions to the state

  9  and county executive committees of a political party,

10  including any subordinate committee of a state or county

11  executive committee of a political party, which contributions,

12  including in-kind contributions, in the aggregate in any

13  calendar year exceed $5,000.

14         (3)(2)(a)  A candidate may not accept contributions

15  from national, state, including any subordinate committee of a

16  national, state, or county committee of a political party, and

17  county executive committees of a political party, including

18  any subordinate committee of a national, state, or county

19  executive committee of a political party, which contributions,

20  including in-kind contributions, in the aggregate exceed

21  $50,000, no more than $25,000 of which may be accepted prior

22  to the 28-day period immediately preceding the date of the

23  general election.

24         (b)  Polling services, research services, costs for

25  campaign staff, professional consulting services, and

26  telephone calls are not contributions to be counted toward the

27  contribution limits of paragraph (a).  Any item not expressly

28  identified in this paragraph as nonallocable is a contribution

29  in an amount equal to the fair market value of the item and

30  must be counted as allocable toward the $50,000 contribution

31  limits of paragraph (a). Nonallocable, in-kind contributions

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  1  must be reported by the candidate under s. 106.07 and by the

  2  political party under s. 106.29.

  3         (4)(3)(a)  Any contribution received by a candidate

  4  with opposition in an election or by the campaign treasurer or

  5  a deputy campaign treasurer of such a candidate on the day of

  6  that election or less than 5 days prior to the day of that

  7  election must be returned by him or her to the person or

  8  committee contributing it and may not be used or expended by

  9  or on behalf of the candidate.

10         (b)  Except as otherwise provided in paragraph (c), any

11  contribution received by a candidate or by the campaign

12  treasurer or a deputy campaign treasurer of a candidate after

13  the date at which the candidate withdraws his or her

14  candidacy, or after the date the candidate is defeated,

15  becomes unopposed, or is elected to office must be returned to

16  the person or committee contributing it and may not be used or

17  expended by or on behalf of the candidate.

18         (c)  With respect to any campaign for an office in

19  which an independent or minor party candidate has filed as

20  required in s. 99.0955 or s. 99.096, but whose qualification

21  is pending a determination by the Department of State or

22  supervisor of elections as to whether or not the required

23  number of petition signatures was obtained:

24         1.  The department or supervisor shall, no later than 3

25  days after that determination has been made, notify in writing

26  all other candidates for that office of that determination.

27         2.  Any contribution received by a candidate or the

28  campaign treasurer or deputy campaign treasurer of a candidate

29  after the candidate has been notified in writing by the

30  department or supervisor that he or she has become unopposed

31  as a result of an independent or minor party candidate failing

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  1  to obtain the required number of petition signatures shall be

  2  returned to the person, political committee, or committee of

  3  continuous existence contributing it and shall not be used or

  4  expended by or on behalf of the candidate.

  5         (5)(4)  Any contribution received by the chair,

  6  campaign treasurer, or deputy campaign treasurer of a

  7  political committee supporting or opposing a candidate with

  8  opposition in an election or supporting or opposing an issue

  9  on the ballot in an election on the day of that election or

10  less than 5 days prior to the day of that election may not be

11  obligated or expended by the committee until after the date of

12  the election.

13         (6)(5)  A person may not make any contribution through

14  or in the name of another, directly or indirectly, in any

15  election.  Candidates, political committees, and political

16  parties may not solicit contributions from or make

17  contributions to any religious, charitable, civic, or other

18  causes or organizations established primarily for the public

19  good. However, it is not a violation of this subsection for a

20  candidate, political committee, or political party executive

21  committee to make gifts of money in lieu of flowers in memory

22  of a deceased person or for a candidate to continue membership

23  in, or make regular donations from personal or business funds

24  to, religious, political party, civic, or charitable groups of

25  which the candidate is a member or to which the candidate has

26  been a regular donor for more than 6 months.  A candidate may

27  purchase, with campaign funds, tickets, admission to events,

28  or advertisements from religious, civic, political party, or

29  charitable groups.

30         (7)(6)  A political party may not accept any

31  contribution which has been specifically designated for the

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    28-1302-00                                              See HB




  1  partial or exclusive use of a particular candidate.  Any

  2  contribution so designated must be returned to the contributor

  3  and may not be used or expended by or on behalf of the

  4  candidate.

  5         (8)(7)(a)  Any person who knowingly and willfully makes

  6  no more than one contribution in violation of subsection (1),

  7  subsection (2), or subsection (6) (5), or any person who

  8  knowingly and willfully fails or refuses to return any

  9  contribution as required in subsection (4) (3), commits a

10  misdemeanor of the first degree, punishable as provided in s.

11  775.082 or s. 775.083.  If any corporation, partnership, or

12  other business entity or any political party, political

13  committee, or committee of continuous existence is convicted

14  of knowingly and willfully violating any provision punishable

15  under this paragraph, it shall be fined not less than $1,000

16  and not more than $10,000.  If it is a domestic entity, it may

17  be ordered dissolved by a court of competent jurisdiction; if

18  it is a foreign or nonresident business entity, its right to

19  do business in this state may be forfeited.  Any officer,

20  partner, agent, attorney, or other representative of a

21  corporation, partnership, or other business entity or of a

22  political party, political committee, or committee of

23  continuous existence who aids, abets, advises, or participates

24  in a violation of any provision punishable under this

25  paragraph commits a misdemeanor of the first degree,

26  punishable as provided in s. 775.082 or s. 775.083.

27         (b)  Any person who knowingly and willfully makes two

28  or more contributions in violation of subsection (1),

29  subsection (2), or subsection (6), or any combination thereof,

30  (5) commits a felony of the third degree, punishable as

31  provided in s. 775.082, s. 775.083, or s. 775.084.  If any

                                  17

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    Florida Senate - 2000                                  SB 1512
    28-1302-00                                              See HB




  1  corporation, partnership, or other business entity or any

  2  political party, political committee, or committee of

  3  continuous existence is convicted of knowingly and willfully

  4  violating any provision punishable under this paragraph, it

  5  shall be fined not less than $10,000 and not more than

  6  $50,000.  If it is a domestic entity, it may be ordered

  7  dissolved by a court of competent jurisdiction; if it is a

  8  foreign or nonresident business entity, its right to do

  9  business in this state may be forfeited.  Any officer,

10  partner, agent, attorney, or other representative of a

11  corporation, partnership, or other business entity, or of a

12  political committee, committee of continuous existence, or

13  political party who aids, abets, advises, or participates in a

14  violation of any provision punishable under this paragraph

15  commits a felony of the third degree, punishable as provided

16  in s. 775.082, s. 775.083, or s. 775.084.

17         (9)(8)  Except when otherwise provided in subsection

18  (8) (7), any person who knowingly and willfully violates any

19  provision of this section shall, in addition to any other

20  penalty prescribed by this chapter, pay to the state a sum

21  equal to twice the amount contributed in violation of this

22  chapter.  Each campaign treasurer shall pay all amounts

23  contributed in violation of this section to the state for

24  deposit in the General Revenue Fund.

25         (10)(9)  This section does not apply to the transfer of

26  funds between a primary campaign depository and a savings

27  account or certificate of deposit or to any interest earned on

28  such account or certificate.

29         Section 9.  For the purpose of incorporating the

30  amendment to section 106.08, Florida Statutes, in a reference

31

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    Florida Senate - 2000                                  SB 1512
    28-1302-00                                              See HB




  1  thereto, subsection (1) of section 106.19, Florida Statutes,

  2  is reenacted to read:

  3         106.19  Violations by candidates, persons connected

  4  with campaigns, and political committees.--

  5         (1)  Any candidate; campaign manager, campaign

  6  treasurer, or deputy treasurer of any candidate; committee

  7  chair, vice chair, campaign treasurer, deputy treasurer, or

  8  other officer of any political committee; agent or person

  9  acting on behalf of any candidate or political committee; or

10  other person who knowingly and willfully:

11         (a)  Accepts a contribution in excess of the limits

12  prescribed  by s. 106.08;

13         (b)  Fails to report any contribution required to be

14  reported by this chapter;

15         (c)  Falsely reports or deliberately fails to include

16  any information required by this chapter; or

17         (d)  Makes or authorizes any expenditure in violation

18  of s. 106.11(3) or any other expenditure prohibited by this

19  chapter;

20

21  is guilty of a misdemeanor of the first degree, punishable as

22  provided in s. 775.082 or  s. 775.083.

23         Section 10.  Section 106.087, Florida Statutes, is

24  amended to read:

25         106.087  Independent expenditures; contribution limits;

26  restrictions on political parties, political committees, and

27  committees of continuous existence.--

28         (1)(a)  As a condition of receiving a rebate of filing

29  fees and party assessment funds pursuant to s. 99.061(2), s.

30  99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or

31  treasurer of a state or county executive committee shall take

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    Florida Senate - 2000                                  SB 1512
    28-1302-00                                              See HB




  1  and subscribe to an oath or affirmation in writing. During the

  2  qualifying period for state candidates and prior to

  3  distribution of such funds, a printed copy of the oath or

  4  affirmation shall be filed with the Secretary of State and

  5  shall be substantially in the following form:

  6

  7  State of Florida

  8  County of....

  9         Before me, an officer authorized to administer oaths,

10  personally appeared ...(name)..., to me well known, who, being

11  sworn, says that he or she is the ...(title)... of the

12  ...(name of party)... ...(state or specified county)...

13  executive committee; that the executive committee has not

14  made, either directly or indirectly, an independent

15  expenditure in support of or opposition to a candidate or

16  elected public official in the prior 6 months; that the

17  executive committee will not make, either directly or

18  indirectly, an independent expenditure in support of or

19  opposition to a candidate or elected public official, through

20  and including the upcoming general election; and that the

21  executive committee will not violate the contribution limits

22  applicable to candidates under s. 106.08(3)(2), Florida

23  Statutes.

24                          ...(Signature of committee officer)...

25                                                 ...(Address)...

26

27  Sworn to and subscribed before me this .... day of ....,

28  ...(year)..., at .... County, Florida.

29       ...(Signature and title of officer administering oath)...

30

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    Florida Senate - 2000                                  SB 1512
    28-1302-00                                              See HB




  1         (2)(b)  Any executive committee found to have violated

  2  the provisions of the oath or affirmation in this section

  3  prior to receiving funds shall be ineligible to receive the

  4  rebate for that general election year.

  5         (3)(c)  Any executive committee found to have violated

  6  the provisions of the oath or affirmation in this section

  7  after receiving funds shall be ineligible to receive the

  8  rebate from candidates qualifying for the following general

  9  election cycle.

10         (4)(d)  Any funds not distributed to the state or

11  county executive committee pursuant to this section shall be

12  deposited into the General Revenue Fund of the state.

13         (2)(a)  Any political committee or committee of

14  continuous existence that accepts the use of public funds,

15  equipment, personnel, or other resources to collect dues from

16  its members agrees not to make independent expenditures in

17  support of or opposition to a candidate or elected public

18  official. However, expenditures may be made for the sole

19  purpose of jointly endorsing three or more candidates.

20         (b)  Any political committee or committee of continuous

21  existence that violates this subsection is liable for a civil

22  fine of up to $5,000 to be determined by the Florida Elections

23  Commission or the entire amount of the expenditures, whichever

24  is greater.

25         Section 11.  Subsection (6) of section 106.29, Florida

26  Statutes, is amended to read:

27         106.29  Reports by political parties; restrictions on

28  contributions and expenditures; penalties.--

29         (6)(a)  The national, state, and county executive

30  committees of a political party, including any subordinate

31  committee of a national, state, or county executive committee

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    Florida Senate - 2000                                  SB 1512
    28-1302-00                                              See HB




  1  of a political party, may not contribute to any candidate any

  2  amount in excess of the limits contained in s. 106.08(3)(2),

  3  and all contributions required to be reported under s.

  4  106.08(2) by the national executive committee of a political

  5  party shall be reported by the state executive committee of

  6  that political party.

  7         (b)  A violation of the contribution limits contained

  8  in s. 106.08(3)(2) is a misdemeanor of the first degree,

  9  punishable as provided in s. 775.082 or s. 775.083. A civil

10  penalty equal to three times the amount in excess of the

11  limits contained in s. 106.08(3)(2) shall be assessed against

12  any executive committee found in violation thereof.

13         Section 12.  If any provision of this act or the

14  application thereof to any person or circumstance is held

15  invalid, the invalidity shall not affect other provisions or

16  applications of the act which can be given effect without the

17  invalid provision or application, and to this end the

18  provisions of this act are declared severable.

19         Section 13.  This act shall take effect January 1,

20  2001.

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    Florida Senate - 2000                                  SB 1512
    28-1302-00                                              See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Creates the "Campaign Finance Reform Act." Revises
  4    definitions of the terms "political committee,"
      "contribution," "expenditure," and "political
  5    advertisement." Eliminates a provision that authorizes
      the unrestricted expenditure of funds for the purpose of
  6    jointly endorsing three or more candidates. Provides
      additional requirements for registration of political
  7    committees and  certification of committees of continuous
      existence, which relate to the committee name. Requires
  8    committees of continuous existence to update certain
      registration information. Prohibits committees of
  9    continuous existence from making expenditures in support
      of or opposition to an elected public official without
10    registering as a political committee. Provides limits on
      contributions to a political party. Revises a provision
11    relating to restrictions on contributions to a candidate
      by a political party. Eliminates a provision that
12    prohibits certain political committees and committees of
      continuous existence from making independent expenditures
13    in support of or opposition to a candidate or elected
      public official. Requires subordinate and executive
14    committees of a political party to adhere to contribution
      limits for political parties. (See bill for details.)
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